PLEASE READ THE FOLLOWING CAREFULLY! This document (the “agreement”) outlines the Terms & Conditions of service for your subscription to RE Titans Home Services provided by RE Titans, LLC, with principal location at 5629 Cypress Creek Parkway, Suite 120, Houston TX 77069; its Affiliates and/or Partners (referred to herein individually and collectively as “RE Titans”).
- Service(s) – are as described herein under “Service Descriptions”, including inspection, labor and/or materials (see “Exclusions”) to maintain and/or repair a Customer’s primary Residence, as applicable based on the Subscription Option selected by Customer, during the Coverage Period.
- Customer – you, as the homeowner(s) or authorized homeowner representative(s), for the Property at which Services under a specific Subscription Option are provided.
- Residence/Property – is the real property and related structure(s), system(s) & component(s) as generally defined by the Texas Real Estate Commission, but excluding that which is considered personal property, covered under this agreement.
- Subscription – a monthly or annual term, as offered by RE Titans and selected by Customer, billed and paid for in advance by Customer in order to have RE Titans provide the Services.
- Subscription Option/Plan – the specific suite of Services, which may be modified from time to time, in which a Customer is enrolled at the time of service and provided by RE Titans.
- Coverage Period – the time from which payment is received by RE Titans from the Customer through the end date corresponding to the Subscription Option selected, for which the Services are provided. Such Coverage Period to be immediately terminated if requested by Customer and/or payment is not received in full.
- Subscription Fee – the monthly or annual amount for which the Customer agrees to pay RE Titans for the Services offered under the Subscription Option selected and during the Coverage Period for which the payment applies.
- Affiliates/Partners – include companies under common ownership of RE Titans, LLC as well as subcontractors and/or other service providers utilized by RE Titans to provide the Services.
- Service Representative – any employee, contract employee or Affiliate/Partner of RE Titans.
- Inspection Report – a completed form provided by the Service Representative at time of service detailing the tasks, maintenance, repairs and observed conditions at the Property after a site visit to the property as applicable to the Service(s) being provided.
This agreement is entered into by RE Titans with a mutual understanding that Customer’s covered RESIDENCE/PROPERTY AND ALL RELATED SYSTEMS, COMPONENTS & THE GENERAL CONDITION OF THE PROPERTY ARE IN PROPER WORKING ORDER ON THE DATE COVERAGE BEGINS. This agreement and the Services provided for under this agreement IS NOT a contract for insurance or a homeowner’s warranty, nor are the Services provided by RE Titans intended to be used by Customer in order to bring Customer’s Property into proper working order or up to a standard as would be reasonably expected had routine and required maintenance of the Property been performed by Customer prior to entering into this agreement. RE Titans, in its sole discretion, may deny Service(s) as provided for herein, or charge Customer a mutually agreed upon rate, in addition to the Subscription Fee for the selected Subscription Option, to remedy any item(s) needing repair and/or replacement in order to meet the preceding requirement. Denial of Services due to this provision is not a condition for which Customer may terminate their Subscription and/or demand a refund of the Subscription Fee.
Subscription Options (Plans) effective October 15, 2018
(advertised pricing is for single family properties, two (2) stories or less and up to 5000 square feet, including additions/attachments. Contact RE Titans for special pricing of larger properties or special requirements)
The following is a description of the Services to be provided by RE Titans on behalf of Customer as applicable under the Subscription Option/Plan selected and paid for by Customer. These descriptions are a limitation of services and anything not specifically described and/or provided for under the individual section headings or elsewhere in this agreement is excluded.
Unlimited Email & Phone Support (All Plans)
RE Titans will provide support & consultation for Customers via email or phone call as appropriate regarding relevant topics related to maintaining, repairing, improving, inspecting, selling or financing a residential property as well as answer general support related to the insurance claims process. Specific support may be limited by law regarding certain licensed professionals and require Customer to enter into a separate agreement as applicable with the support provider.
Target response times (including follow up support) by Plan are as follows:
Basic: 48-72 business hours
Plus: 24-48 business hours
Premium: 24 business hours
Total Care: same day or within 12 business hours
Email & Phone support response is provided Monday thru Friday, 8am – 6pm CST. Weekends and holidays are excluded for the purposes of calculating response times to support requests. For example, a support request made on Friday will include the remaining hours in the Friday workday and will recommence on the following workday, excluding holidays, for the support request or follow up response to be addressed.
Onsite Home Checkup (Plus, Premium & Total Care Plans)
RE Titans will conduct a visual inspection of the Property for the benefit of the Customer to evaluate the general conditions, functionality and performance of the items described under the Subscription Plan section heading “Onsite Home Checkup” at the approximate intervals as noted per Plan. The representative conducting the inspection will provide Customer with an Inspection Report of their findings after the inspection as well as any recommendations for maintenance, repairs or improvements to the Property to ensure all is in the best working order. Maintenance tasks covered under the Premium or Total Care Plans may be provided at the time of the Onsite Home Checkup if applicable. Customers should consult their service representative at the time of inspection or contact RE Titans via email or phone to discuss and arrange any maintenance or repairs not covered under their specific plan. This is a general property inspection by a home maintenance and repair professional who may or may not be licensed to provide similar services in the State of Texas. In any event, Customer should note that any inspection or recommendation(s) made as a result of an Onsite Home Checkup are for the Customer’s reference and educational purposes only and do not constitute a “Licensed” inspection under the Texas Real Estate Commission regulations or the Texas Department of Licensing and Regulation.
Premium & Total Care Plans
Quarterly Home Maintenance
RE Titans will perform the tasks at the Property as described under the Subscription Plan section heading “Quarterly Home Maintenance” approximately every three (3) calendar months or ninety (90) days. For services where parts or consumables (see below for items provided by RE Titans) are changed/replaced, the service representative will provide the necessary labor to complete the task(s) with Customer provided supplies, materials and replacement parts (including, but not limited to, light bulbs, batteries, etc). In the event a Customer does not have the required items available, they may be provided by RE Titans if the service representative is in possession of those while onsite at the Property. Customer agrees to pay a charge equal to the retail rate, plus applicable tax, of RE Titans provided supplies, materials and replacement parts, plus a handling fee of 15%. A report of all tasks completed including items used to complete the tasks will be provided to Customer in the Inspection Report.
Items provided by RE Titans:
Air filters – Customers is provided an allowance of up to $45 per quarter to purchase filters at the then published prices of RE Titans air filter supplier. Ordering and delivery will be handled by Customer’s assigned service representative.
Misc Supplies – are provided by RE Titans which are normally used in the course of routine, covered maintenance including personal equipment, fasteners, adhesives, cleaning agents, “tools of the trade”.
Winterize Exterior Plumbing (Premium & Total Care Plans)
RE Titans, at a date mutually agreeable to RE Titans and Customer, will wrap and secure all exposed exterior pipes with foam pipe insulation and provide standard insulated hard faucet coverings for all exposed water spigots. In addition, RE Titans will shut off water service, as directed by Customer, to non-essential connections such as sprinkler systems, detached structures, landscape fountains, etc. Water hoses will be rolled up and stored as directed by Customer. Pool systems and equipment are excluded.
Upon notification by and under Customer’s direction, RE Titans will remove any exterior winterizing necessary for the use of exterior faucets, turn on service to sprinkler systems, landscape fountains or other exterior fixtures for which water service had been closed off and reconnect water hoses.
The winterizing and removal of same will be performed once per season under the covered Services.
IMPORTANT NOTE: RE Titans will make every reasonable effort to accommodate Customer’s preferred date and scheduling to perform the winterizing services. But, in no event is RE Titans solely or primarily responsible for ensuring Customer’s property is sufficiently prepared for an extended or hard freeze which may cause bursting or damage to water pipes. Customer is advised to heed any weather or other warnings regarding conditions which may lead to frozen pipes and/or weather-related damage to their property including checking that exterior protections have not been removed or damaged, proper “dripping” of interior fixtures or any other actions deemed in Customer’s sole discretion to be necessary in the protection of their property and belongings from freezing conditions.
Annual Home Maintenance (Total Care Plan)
RE Titans will perform the tasks at the Property as described under the Subscription Plan section heading “Annual Home Maintenance” approximately one (1) time every twelve (12) calendar months or calendar year. All services may not be provided at the same visit or during the same calendar month, but in no event shall the frequency of each individual service be less or more than the indicated. For services where parts or consumables (see below for items provided by RE Titans) are changed/replaced, the service representative will provide the necessary labor to complete the task(s) with Customer provided supplies, materials & replacement parts. In the event a Customer does not have the required items available, they may be provided by RE Titans if the service representative is in possession of those while onsite at the Property. Customer agrees to pay a charge equal to the retail rate, plus applicable tax, of RE Titans provided supplies, materials and replacement parts, plus a handling fee of 15%. A report of all tasks completed including items used to complete the tasks will be provided to Customer in the Inspection Report.
Misc Supplies – are provided by RE Titans which are normally used in the course of routine, covered maintenance including personal equipment, fasteners, adhesives, cleaning agents, “tools of the trade”.
Covered Repairs (Total Care Plan)
RE Titans will provide all tools, equipment, labor and supplies to complete the tasks listed under “Covered Repairs” at no additional expense, excluding materials in excess of $15 per item or $45 in the aggregate per each regularly scheduled visit to Customer’s Property. Supplies and materials used in the course of providing the repairs will be standard builder grade. Customer requested specialty materials and supplies will be provided Customer or by RE Titans at an additional cost, plus 15% markup, and billed to Customer separately and in addition to the Subscription Fee.
Covered repairs may be provided, as necessary, during each regularly scheduled “Quarterly Home Maintenance” or “Annual Home Maintenance” visit to Customer’s Property covered under the Total Care Subscription Plan. Request(s) for Covered Repairs outside of regularly scheduled visits will be billed a $75 “trip charge” for each onsite visit by the Service Representative as may be required to complete the task(s). A “trip charge” may be waived at RE Titans sole discretion in the event any materials or supplies required to complete a covered repair must be ordered for future delivery.
General Provisions-Services (All Subscription Plans)
Customer requests for a service representative to provide maintenance or repairs not covered under an applicable (paid) Subscription Plan, during or outside of a regularly scheduled site visit to a Property, may incur any one or more of the following charges: consultation, trip, overtime, after hours and/or other charges in addition to any direct costs for labor, materials and/or supplies for the maintenance or repair services requested. Please call 281-655-7000 or contact your service representative for pricing.
EMERGENCY REPAIR & SUPPORT SERVICES ARE NOT COVERED. Customer requests requiring immediate response and/or emergency services will incur any one or more of the following charges: consultation, trip, overtime, after hours and/or other charges in addition to any direct costs for labor, materials and/or supplies for the maintenance or repair services requested.
Reasonable Access – No Services will be performed if the Service Representative is unable to gain access to the Customer’s residence and/or any part of the Property due to the presence of unsafe/uninhabitable conditions, animals, pets, insects, personal items or property, locking or security alarms/devices for which Customer has not provided the ability for the Service Representative to disengage, confined spaces an average person would be unable to access or other conditions which would reasonably prevent the Service Representative from completing any covered Services.
Force Majeure/Acts of God – Services will be suspended in the event of a natural disaster, “Acts of God” or other conditions outside of RE Titans control until the event(s), and any residual circumstances due to such event(s), have been resolved and normal service may resume.
In the course of performing the Services, a Service Representative and/or Affiliate may require access to various areas of the Property including bedrooms, bathrooms, offices, closets, cupboards/cabinets, garages, attics, etc. Customer agrees to remove and secure all personal items and items of value during the job including relocating from the work area(s) such before Services are commenced.
Guns, Weapons & Ammunition
Our Service Representatives, subcontractors and Affiliates are instructed to NEVER handle or touch guns, weapons or ammunition. Customer is required remove and secure all such items from the work area(s) of the Property while Services are being provided on behalf of Customer.
Jewelry, Valuables & Heirlooms
Please remove and secure all valuable items including china, special heirlooms, breakable items, cash, currency, collectibles or similar types of valuables from the work area(s) of the Property prior to the Services being provided.
Except as described within this agreement and covered under the applicable Subscription Plan selected and paid for by Customer, Services are limited to those maintenance and repairs specifically referenced within this agreement under the section “Service Descriptions”, as may be amended and/or modified from time to time at the sole discretion of RE Titans. All other services, maintenance and repairs excluded including, but not limited to, those exclusions described in more detail below.
Damages – RE Titans is not responsible for any damages to the Property or a party’s personal property caused by the Customer, Customer’s representatives, tenants, guests or any party unaffiliated with RE Titans, whether such damage occurs prior to, during and/or after the Coverage Period.
Repairs – are generally not covered by the Subscription Fee except as provided for under the Subscription Plan “Total Care”, subject to applicable exclusions below. Repairs outside of those covered can be provided at a mutually agreed rate and scope of work between RE Titans and Customer, invoiced and paid for by Customer in addition the applicable periodic Subscription Fee.
Parts/Materials – except for as specifically provided within this agreement under an applicable Subscription Plan, all part(s), supplies and/or material(s) including consumables, fixtures, system components, replacement parts and/or specialty tools, required to perform any maintenance or repair are not included and will be invoiced separately by RE Titans to Customer at the time of service.
Warranty Service – this agreement does not include services, labor, materials and/or supplies covered under a separate warranty or contract provided by a 3rd party. Customer is directed to contact their warranty provider and reference the terms & conditions from the vendor, contractor and/or service provider for specific details regarding the warranty service, maintenance and/or repair.
Specialty Items/Systems – except under separate agreement, maintenance and repair of specialty items and systems are not covered under the Services and include, but are not be limited to; solar powered systems, external fuel systems including storage or holding tanks, energy management systems, flues & vents, water heater units over 75 gallons, drain lines, oil storage tanks, portable units, fireplaces, humidifiers, electronic air cleaners, underground piping or sewer systems, water lines, water filtration or softener units, software or apps used to control systems within the property including programming of such, equipment or systems owned or generally maintained by 3rd parties other than homeowner, commercial grade equipment or systems, intercom or video systems, non-electrical wiring or systems, any components of the preceding excluded specialty items or systems.
Relocation – the Services do not cover the relocation of fixtures, systems or any other items located on or about the Property for which maintenance or repair may be covered otherwise.
Permits/Code Violations – Services do not cover maintenance or repairs requiring permits or approvals by homeowner’s associations, municipalities or other governmental authorities nor do they cover those resulting from code violations from any applicable entity with jurisdiction over the covered Property for which the Services are provided.
COMPLETION OF SERVICES:
RE Titans will use every reasonable effort to complete the Services per the applicable schedule under “Service Descriptions” in a timely manner. Customer and RE TItans mutually agree RE Titans will not be held liable in the event Services are delayed or incomplete due to unavailability of Service Representatives, subcontractors, delays caused by the inability to access the Property, regulatory agencies and/or any other factors outside of RE Titans control. RE Titans is not liable for delays of subcontractors, vendors or other service providers, specifically in the event Customer does not make payments in a timely manner or in full, as agreed to by Customer in this agreement.
RE Titans is an independent contractor. Nothing in the execution of this agreement conveys upon RE Titans and Customer any employment type relationship, benefits, rights, responsibilities or obligations. Each Party shall be individually responsible for all applicable income taxes, employment taxes and workers’ compensation insurance associated with the performance of the Services. All subcontractors, vendors and/or service providers engaged to provide labor, materials and/or other services are separate entities not affiliated with and/or controlled by RE Titans except as described within this agreement.
LIMITATION OF SERVICES:
Neither RE Titans nor its officers, owners or service representatives will execute any agreements, contracts or other similar legal instruments on behalf of Customer. RE Titans does not and will not provide (1) services reserved for certified public accounts or those licensed to practice accountancy, (2) perform any services constituting the practice of law, (3) licensed property inspection services or (4) licensed real estate services (unless under separate agreement as prescribed by TREC for brokerage services). RE Titans may counsel Customer from time to time on such matters based upon past professional experience, but RE Titans at all times clearly advises Customer to seek an opinion of such certified individuals or firms as Customer, in their sole discretion, deems appropriate.
Customer agrees to and shall indemnify, defend and hold harmless RE Titans, its officers, members, managers, employees, owners and Affiliates from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including but not limited to all expenses of litigations, courts costs and attorney fees (collectively referred to as “Damages”) suffered or incurred by Customer, its Affiliates or any other person resulting or arising out of or in connection with the performance of the Services, unless Damages suffered by Customer result from the gross negligence or willful misconduct of RE Titans, its officers, members, managers, employees, owners or Affiliates acting on behalf of RE Titans.
This Contract represents the entirety of the Parties mutual obligations and understandings concerning the subject matter and may not be modified, altered or changed except in writing and upon execution by both Parties. All claims or disputes concerning this Contract are governed by and construed in accordance with the laws of the State of Texas with jurisdiction in Harris County. The Parties agree to seek any remedies through mediation prior to filing a lawsuit for enforcement of this Contract. This Contract binds and inures to RE Titans successors and assigns. This Contract is not assignable, delegable, sublicenseable, or otherwise transferable by Customer in whole or in part without the prior written consent of RE Titans. Any Party’s failure to strictly enforce the Contract, in whole or in part, is not a waiver of any of its rights under this Contract. The Contract together with all addendums is a legally binding document and both Parties are advised to seek legal counsel prior to execution of such.
If any of these Terms & Conditions or any other part of this agreement is deemed unenforceable and/or void, then all other terms and conditions shall remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions.